Cotter moves up to top post

Chief assistant moves up to Berrien County prosecuting attorney.

Chief assistant moves up to Berrien County prosecuting attorney.

September 10, 2006|CAROL DRAEGER Tribune Staff Writer

ST. JOSEPH -- Aug. 31 was a trifecta of milestones for Arthur Cotter. It was the day the 20-year public servant celebrated 15 years of marriage, turned a year older -- 46 -- and moved up to the Berrien County prosecutor's job. It also marked a figurative goodbye to longtime friend Jim Cherry, the county's chief law enforcer since 1989 and Cotter's boss. Cherry, who's been waging a 14-month battle with neck cancer, stepped down from the prosecutor's job Aug. 24, citing continued health problems. "I and all of our staff miss him," Cotter said. "I'm proud to be appointed," he said, adding, "but it is a little bittersweet for the reason it is." The county's four circuit judges unanimously appointed Cotter to fill Cherry's remaining term until Jan. 1, 2009. In November of 2008, the prosecutor's post will be up for election. Cotter's name will be on the ballot because he intends to seek a full four-year term. The last time Cotter's name was on a ballot was for circuit judge two years ago when Berrien County Trial Court judges John Hammond and Casper Grathwohl retired. Cotter lost to top vote-getters John Donahue and Charles LaSata. Ironically Donahue and LaSata were two of the four circuit judges who cast unanimous yes votes for Cotter to fill Cherry's prosecutorial shoes last month. There were no residual hard feelings because the race forged an unlikely outcome: friendships. "Although I wasn't necessarily friends with him before the campaign," said LaSata, "I became friends with him during the course of the campaign." The feeling is mutual with Cotter. "When I went into the race whether it was to win, lose or draw, I wanted to be able to sit in a room with both Charlie and John and not feel uncomfortable," Cotter said. Donahue is more than comfortable with Cotter, who was among six candidates vying for Cherry's job. Having served in the prosecutor's office since 1986, Cotter knows the department like a well-prepared trial attorney knows a case inside and out, said Donahue. Cotter rose through the ranks and served as chief trial attorney and in 1999 was named chief assistant prosecutor by Cherry. "Art Cotter brings a lot of experience to the table and he certainly has a large dose of integrity," Donahue said. He also is hardworking and involved in the community, LaSata said, traits he discovered when the two competed in the judgeship race. "I think he'll be a wonderful prosecutor for the residents of our county," LaSata said. Donahue also noted that Cotter has "large footsteps to fill." But Cotter, who has had both feet in a courtroom trying more than 75 jury trials over the past two decades, is up to the task. He has known since ninth grade that he wanted to be a lawyer. Cotter grew up in southeastern Michigan in the Royal Oak area and moved to Berrien County a year after graduating from the University of Detroit Law School in 1985. He feels most passionate about trying to bring justice to children of sexual abuse. "They're tough (cases) because most abusers don't do it when witnesses are around," Cotter said. His role and the job of the 18 other attorneys in his office are to convince juries that a child is telling the truth, he said. In his new job, Cotter acknowledges he will be inside the courtroom less, but he plans to continue handling some trials. This week Cotter will prepare for the murder trial of a Benton Harbor man, Albert Ellington, who is accused of stabbing to death his 12-year-old daughter on March 19. Similar to his philosophy when he entered the judgeship's race, Cotter said the battle is sometimes simply about waging a good fight. That means pushing cases one believes in even when a conviction appears uncertain or doubtful. "The obligation of a prosecutor is not so much about wining or losing its about seeking justice," he said. Staff writer Carol Draeger: cdraeger@sbtinfo.com (269) 687-7005